The defence has opened its case in the trial of a former financial advisor accused of the Innisfail bombing death of a former client.
Brian Malley is accused of first-degree murder in the death of Victoria Shachtay. Shachtay was killed when she opened a Christmas present left on her doorstep. The gift disguised a bomb, which detonated as she opened it on Nov. 25, 2011.
Defence counsel Bob Aloneissi’s first witness was Malley’s mother-in-law Francis Poelzer. Malley stayed with Poelzer in Edmonton after he was granted bail in late June 2012. Malley was arrested on May 25, 2012.
Malley and his wife Christine had assisted with numerous home renovations projects on Poelzer’s residence, a home she has lived in for more than 40 years.
But it wasn’t until after his arrest that they got around to pouring a concrete pad at the back of the residence.
That pad pouring has gained relevance as the defence claims the metal pipe Malley purchased in July 2011 was eventually used to encase the natural gas line to protect it from the concrete.
The Crown claims Malley instead used the metal pipe — a six-inch long, two-inch wide steel nipple (pipe with threading at both ends) — in the construction of the bomb that killed Shachtay.
The pipe was purchased from a Rona hardware store close to Poelzer’s home. That store has since relocated.
Poelzer testified that she got in touch with ATCO about protecting the gas line. She said they told her to protect the line from the concrete by putting a sleeve around it, but did not clarify what should be used to protect the line.
Prior testimony from ATCO employees and contractors indicate their standard practice is to use PVC piping. As well, photos of houses built by Kodiak Homes, a home-building company Malley was a part-owner of, showed the use of plastic to encase the gas line.
Court heard Poelzer say she has a son who police also interviewed. That son has a reloader. The issue of a reloader came up earlier in the trial as a tool needed to reload shotgun shells.
Malley said he purchased the gunpowder found by RCMP at his residence to reload shotgun shells. Police did not find a reloader or any other tool needed to reload shotgun shells.
The trial, now in its fifth week, continues today in Red Deer Court of Queen’s Bench before a jury.